(1.) WE have heard Mr. S.K. Sharma, learned Counsel for the appellant and Mr. Vikas Agarwal, learned Counsel for the respondent and perused the record.
(2.) THE core issue which we are called upon to determine is as to "whether the appellant institute is or is not guilty of deficiency in service?
(3.) THE complainant applied for B. Tech. Electronics and Instrumentation Engineering Course in Radha Govind Engineering College and his application for admission was granted. He deposited on 13.7.2001 a sum of Rs. 68,000. The engineering institute got permission to commence the course w.e.f. 1.11.2001. However, in the meantime, it appears that the respondent/ complainant Nitin Kapoor lost patience and justifiably so, as the education for the course could not be imparted from July to October. After long wait of more than three months he applied for return of his testimonials and then staked his claim for refund of fees.